BILL ANALYSIS Ó
AB 1851
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CONCURRENCE IN SENATE AMENDMENTS
AB 1851 (Allen)
As Amended August 6, 2012
Majority vote
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|ASSEMBLY: |73-0 |(May 10, 2012) |SENATE: |36-0 |(August 9, |
| | | | | |2012) |
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Original Committee Reference: E. & R.
SUMMARY : Requires elections officials to allow for public
access to the county, municipal, or district initiative measure
materials filed with the elections officials, as specified.
Specifically, this bill :
1)Requires an elections official, from the time a county,
municipal, or district initiative petition is filed, until the
day after the elections official determines that the
initiative petition does not contain the minimum number of
signatures required, the day after the election at which the
initiative measure is put before voters, or the day after the
proposed ordinance is adopted by the governing board after
being submitted to the board in accordance with existing law,
to do the following:
a) Keep on file at his or her office the notice of
intention, the written text of the initiative, the request
for a ballot title and summary of the measure, the written
statement setting forth the reasons for the proposed
petition, and the affidavit of publication or posting that
the proponents filed with the elections official, as
applicable; and,
b) Furnish copies of the materials described above to any
person upon request.
2)Permits the elections official to charge a fee to a person
obtaining copies of materials pursuant to this bill.
Prohibits the fee from exceeding the actual cost incurred by
the elections official in providing the copies.
The Senate amendments make clarifying and technical changes.
AB 1851
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AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
State-mandated local program; contains a self-financing
disclaimer.
COMMENTS : According to the author, "Current law for qualifying
an initiative for the ballot requires the proponent of a measure
to file an intent to file notification with the local
jurisdiction along with a $200 refundable fee and the text of
the measure. A title and summary is prepared and furnished to
the proponents of the measure and, after providing proper
notice, allows the circulation of the petition for signature
gathering. The proponent then has 180 days to obtain the
requisite number of signatures; otherwise the measure fails to
qualify for the ballot.
"Once the local elections jurisdiction furnishes the title and
summary to the proponents of a measure they are not required to
retain the materials on file as a matter of public record. In a
democracy, where decision making is predicated on an informed
electorate, it is unconscionable to not provide voters with
access to as much information as possible. AB 1851 would
require county elections officials to make available the title
and summary, text of the language, and intent to file
documentation for the duration of the 180 day circulation phase.
The individual requesting the materials may be charged a fee
not to exceed the cost of the production of these materials."
The Senate amendments clarify the specific documents that must
be made publicly available pursuant to this bill. This bill, as
amended in the Senate, is consistent with the Assembly actions.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0004572
AB 1851
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